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Contracts for ITB 33-06/07CITY OF MIAMI BEACH PROCUREMENT DIVISION Interoffice Memorandum To: Robert Parcher / 1 Date: November 1, 2007 City Clerk From: Gus Lopez, CPPO Procurement Directo Subject: CONTRACTS FOR ITB NO. 33-06/07 - FOR THE PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING Four (4) copies of the above referenced Contract are attached for the Mayor's signature and execution. The insurance certificate has been approved by Risk Management and the City Attorney has approved the form and language for contract execution. Thank you for your prompt attention to this matter. Gus Lopez, CPPO Procurement Director je Ca iv\ AM BEACH PROCUREMENT Division TO: Raul Aguila, First Assistant City Attorney FROM: Gus Lopez, CPPO, Procurement Director DATE: October 30, 2007 SUBJECT: CONTRACT NO. 33-06/07 — FOR THE PURCHASE, INSTALLATION AND TIE - DOWN OF A MODULAR BUILDING MEMORANDUM Attached are four (4) copies of the above referenced Contract for your review and form approval. The Contracts are signed by the contractor, and the City's Risk Manager has approved the contractor's submitted Insurance Certificate. Please call John Ellis at x6635 when the contracts are language and formed approved and ready to be delivered to the City Clerk's office for execution. Thank you for your prompt attention to this matter. Gus Lopez, CPPO Procurement Director je << - (-- 1 F:\PU RC\$ALL\JOHN\LETTERS\33-06-071egal.doc We are committed to providing excellent public service and safety to all who live, work, and ploy in our vibrant, tropical, historic community. m MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Purchase, Installation and Tie -Down of a Modular Building CONTRACT NO.: 33-06/07 CONTRACT TIME: Substantial Completion within ninety (90) calendar days after the issuance date of the Second Notice to Proceed, with Final Completion, and Acceptance by the City, within twenty (20) calendar days after the Procurement Director's Certified Substantial Completion Date. SUPERSEDES: N/A CONTRACTOR(S): Modtech Holdings, Inc. CONTRACT AMOUNT: $115,337 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on September 5, 2007, a Contract has been approved for award and subsequent execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT - This Contract is entered into for the Purchase, Installation and Tie -Down of a Modular Building for the City of Miami Beach, Greenspace Management Division, pursuant to City Invitation to Bid (ITB) No. 33-06/07 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents") C. ORDERING INSTRUCTIONS - The Purchase Order shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. The Purchase Order shall show the City of Miami Beach Contract Number (33-06/07). D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor to perform according to the requirements of the Contract Documents to Viviana Alemany, City of Miami Beach Public Works/Property Management Department, Capital Project Coordinator, and Project Manager at 305-673-7000 ext. 2968. E. INSURANCE CERTIFICATES) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to commencement of any services/work by Contractor. 1 Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work and/or services required by the Contract Documents. Contractor warrants and represents that all persons performing any work and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform same, to City's satisfaction, for the agreed compensation. Contractor shall perform the work and/or services required under the Contract Documents in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Services and/or work provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such work and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. 2 Page 3 Certification of Contract The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: Viviana Alemanv Proiect Manager Public Works/Property Management Department 1700 Convention Center Drive Miami Beach. Florida 33139 For Contractor: Modtech Holdings, Inc. 1602 Industrial Park Drive Plant City, Fl 33566 Attn: Rich Schnorr L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 3 Page 4 Certification of Contract M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; (iii) contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this day of , 200_, by their respective duly authorized representatives. By CONTRACTOR President/ Signature l*E Print Name ATTEST: iSecretary/Ggignature E.C1/1 Print Name FAPUROSALL\JOHN\BIDS‘06-07\ModularBldg.Contractdoc 5 IAMI BEACH AT Mayor VDavid Dermer City Clerk Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR CUTION ate INVITATION FOR BIDS PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING BID # 33-06/07 BID OPENING: JUNE 25, 2007 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F:\PURC\$ALL\MARTA\Bids\06-07\Modular Building \ ITB 33-06-07 Modular Building.doc CITY CLERK COMMISSION ITEM SUMMARY Condensed Title: IRequest For Approval To Award A Contract, Pursuant To Invitation To Bid No. 33-06/07, For The Purchase, I Installation And Tie -Down Of A Modular Building To Modtech Holdings, Inc. In The Amount Of $115,337. Key Intended Outcome Supported: 1 To improve and maintain cleanliness of Miami Beach Right of Ways. Supporting Data (Surveys, Environmental Scan, etc.): The recent survey results revealed that 77% of residents and 75% of businesses rated the overall quality of the landscape maintenance in right of ways and public areas as excellent or good, with an 8% improvement noted from the 2005 survey from business owners. Issue: I Shall the Citv Commission approve award of contract? Item Summary/Recommendation: The current condition of the building occupied by the Greenspace Management Division of the Parks and Recreation Department was evaluated and determined to be in need of extensive renovations necessary to accommodate the life, health and safety needs of staff reporting daily to the facility. It was determined that a new facility was a viable solution and the program was added to the City's Capital Projects list. At this time the new building is not in the recommended cycle for funding and is not anticipated to be so in the immediate future. It was determined the best option, for the time being, was to purchase a modular building that will address the immediate needs of the Greenspace Management Division and also may be utilized in the future for other city needs. The purpose of Invitation to Bid No. 33-06/07 (the "Bid") is to establish a contract for the purchase, delivery, installation and tie -down of a modular building for the Parks and Recreation Department, to be located within Greenspace Management Division, 2100 Meridian Ave., City of Miami Beach. The contractor will provide a modular, air conditioned, ADA compliant building that is approximately 36 lineal feet in width and 60 lineal feet in length for a total of approximately 2,160 square feet of interior space. The Work shall be substantially completed within ninety (90) calendar days, with final completion and acceptance from the City within twenty (20) calendar days after the procurement' Director's certified substantial completion date. The Invitation to Bid ("the Bid") was issued on June 1, 2007. A Pre -Bid Conference to provide information to prospective bidders was held on June 11, 2007, and based on questions received from prospective bidders and issues relative to clarification to their Scope of Work one (1) Addendum was issued. BidNet issued twenty-three (23) bid notices of which three (3) prospective bidders viewed, RFP Depot issued 591 bid notices of which thirty-seven (37) prospective bidders viewed and the Procurement Division notified an additional eight (8) bidders, resulting in twelve (12) bidders requesting the Bid documents, which resulted in the receipt of bids from the following three (3) bidders: * Advanced Modular Structures, Inc. ("Advanced Modular") * GE Modular Space * Modtech Holdings, Inc. ("Modtech") A Technical Review Panel ("the Panel") was approved by Robert C. Middaugh, then Acting City Manager. On July 25, 2007, the Panel convened with four (4) of the five panel members. The Panel unanimously nominated John Oldenburg as Chair of the Panel. Based on the lowest bid received, qualifications and experience of the contractor, and the significantly lower hourly labor rate should additional work be required, the Panel unanimously ranked Modtech as the top-ranked contractor. APPROVE THE CONTRACT Advisory Board Recommendation: N/A Financial Information: S4 r.� .f Funds: OBPI Amount Account Approved 1 $115,337 Capital Budget Project No. 301.2652.000676 Total $115,337 City Clerk's Office Legislative Tracking: 1 Kevin' Smith Sign -Offs: 1 Department Dire or Assi s Mana , er KS GL r/ T:IAGENDA12007\sep0507\Cp}isent\ITB-33-0vdbilldingSummary.doc MIAMIBEACH 20 JMG AGENDA ITEM cae DATE 9- S -O7 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 5, 2007 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 33-06/07, FOR THE PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING, TO MODTECH HOLDINGS, INC., IN THE AMOUNT OF $115,337. ADMINISTRATION RECOMMENDATION, Award a Contract. FUNDING $115,337 - Funding is budgeted and available in Capital Budget Project Account No. 301- 2652-000676 ANALYSIS The current condition of the building occupied by the Greenspace Management Division of the Parks and Recreation Department was evaluated and determined to be in need of extensive renovations necessary to accommodate the life, health and safety needs of staff reporting daily to the facility. It was determined that a new facility was a viable solution and the program was added to the City's Capital Projects list. At this time the new building is not in the recommended cycle for funding and is not anticipated to be so in the immediate future. It was determined the best option, for the time being, was to purchase a modular building that will address the immediate needs of the Greenspace Management Division and also may be utilized in the future for other city needs. The purpose of Invitation to Bid No. 33-06/07 (the "Bid") is to establish a contract for the purchase, delivery, installation and tie -down of a modular building for the Parks and Recreation Department, to be located within Greenspace Management Division, 2100 Meridian Ave., City of Miami Beach. The Contractor will be responsible for all materials, labor, and equipment necessary to perform the work, and will perform all work in accordance with Florida Building Codes, Dade County Codes, and in strict compliance with Americans with Disabilities Act (ADA) requirements. The contractor will provide a modular, air conditioned, ADA compliant building that is approximately 36 lineal feet in width and 60 lineal feet in length for a total of approximately 2,160 square feet of interior space. 21 Commission Memorandum ITB 33-06/07 September 5, 2007 Page 2 of 5 Should the surface require leveling prior to the installation, all necessary excavation and compaction will be provided by the City. Requirements for the site and exact locations of utility stubs needed for the building will be provided by the contractor a minimum of two weeks prior to the building delivery. The contractor is responsible for all necessary items including any extra blocking or anchoring requirements to meet local Code approval. The contractor will remove all work site related debris from the premises immediately upon completion of the installation. The required restrooms will be constructed in strict compliance with the Americans with Disabilities Act (ADA) requirements, and all entrances to the building will include necessary decking, ramps, and railing to comply with ADA requirements for full accessibility. The exterior of the building will include "skirts" that will prevent access under the building by animals or persons. These °skirts" shall be installed after the various service connections are made. The Job Order Contractor ("JOC") or City will be responsible at a minimum for the following Scope of Work: • Site plan • Locations of existing utilities • Site preparations to include soil compaction and ADA parking • Plumbing, sewer and electrical tie-in's once the building is delivered, if not provided by bidder Interior and exterior paint color(s) will be selected by the City from color samples provided by the contractor. Color(s) that are selected will be approved colors for use in the City as per the Design Review Board. Plastic laminate (Mica) colors on counters and shelving are to be selected by the City from color samples provided by the contractor. Once the Contractor has procured all necessary permits and the City has accepted and approved the Contractor's List of Deliverables, Project Schedule, Mobilization Plan, Safety & Health Manual, Quality Control Manual, and attendance at the Pre -Construction Conference to review general administrative requirements, and to review in detail the Scope of Work and Contractor's Project Schedule, the Procurement Director will issue the Second Notice to Proceed to the Contractor to mobilize on the Project Site and commence with the Scope of Work/Project. The Work shall be substantially completed within ninety (90) calendar days, with final completion and acceptance from the City within twenty (20) calendar days after the Procurement Director's certified substantial completion date. Liquidated damages will be assessed in the amount of one -hundred ($100.00) for each calendar day beyond the contract time specified above for the substantial and final completion of the project. HURRICANE PRECAUTIONS: During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Project Manager has given notice of same. 22 Commission Memorandum ITB 33-06/07 September 5, 2007 Page 3 of 5 Compliance with any specific hurricane warning or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle the Contractor to additional Contract Time as non -compensable, excusable delay, and shall not give rise to a claim for compensable delay. CLEANING UP: CITY'S RIGHT TO CLEAN UP: Contractor, will at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor will remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials, If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Project Manager shall determine to be just. The Invitation to Bid ("the Bid") was issued on June 1, 2007. A Pre -Bid Conference to provide information to prospective bidders was held on June 11, 2007, and based on questions received from prospective bidders and issues relative to clarification to their Scope of Work; one (1) Addendum was issued. BidNet issued twenty-three (23) bid notices of which three (3) prospective bidders viewed, RFP Depot issued 591 bid notices of which thirty-seven (37) prospective bidders viewed and the Procurement Division notified an additional eight (8) bidders, resulting in twelve (12) bidders requesting the Bid documents, which resulted in the receipt of bids from the following three (3) bidders: * Advanced Modular Structures, Inc. ("Advanced Modular") * GE Modular Space * Modtech Holdings, Inc. ("Modtech") GE Modular Space took exception to some General and Special Conditions within the bid documents, and therefore was disqualified for being deemed non-responsive. A Technical Review Panel ("the Paner) was approved by Robert C. Middaugh, then Acting City Manager consisting of the following individuals: • Viviana Alemany, PW/Property Management; • John Toledo, Assistant Director, PW/Property Management; • Nilda DeArmas, SR Telecom Specialist, IT Communications; • Rhonda Gracie, Landscape Projects Coordinator, P&R Greenspace Mgmt. Division; and • John Oldenburg, Assistant Director, Parks On July 25, 2007, the Panel convened with four (4) of the five panel members; John Toledo did not attend. The Panel unanimously nominated John Oldenburg as Chair of the Panel. 23 Commission Memorandum ITB 33-06/07 September 5, 2007 Page 4 of 5 The TECHNICAL REVIEW PANEL (the "Panel") based its recommendation on the following factors: 1) Experience of Contractor's Team (15 points). 2) A Preliminary Project Schedule (10 points). 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 4) Bid Price, and Add Alternates (50 points) 5) "Green Alternates/Methods" (15 points). The final scoring is as follows: MODTECH HOLDINGS ADVANCED MODULAR STRUCTURES BID TABULATION Grand Total/Base Bid Purchase & Installation of Fire Sprinklers 1 Bracing of all skirting Utility Hook-ups Total Green: Alternates/Methods 1 ADDITIONAL WORK: Not to Exceed Hourly Labor Rate: Materials: Percentage above Contractor's Cost: 1 Viviana Nilda Rhonda John Alemanv Dearmas Gracie Oldenburg . 90(1) 85(1) 71(1) 78(1) 33(2) 50(2) 55(2) 59(2) Modtech Holdings, Inc. $107,385 $7,452 $500 "No Bid" $115,337 Advanced Modular Structures, Inc. $117,835 "No Bid" $500 $23,535 1 $141,870 " No Bid" (* See Note) " No Bid" $21.00 $150.00 10% 20% NOTE: "Upon Award of contract, Modtech Holdings, Inc. ("Modtech") will work with the City of Miami Beach to explore "Green Alternatives". 24 Commission Memorandum ITB 33-06/07 September 5, 2007 Page 5 of 5 Based on the lowest bid received, qualifications and experience of the contractor, and the significantly lower hourly labor rate should additional work be required, the Panel unanimously ranked Modtech as the top-ranked contractor. It was also agreed by all Panel members to accept the bid from Modtech for the purchase and installation of fire sprinklers, and bracing of all skirting. The fire sprinklers will be installed by Modtech to one point of connection. Should site connections be required, they will be performed by either the City or the JOC. The Panel did consider Advanced Modular's bid of $23,535 for utility hook-ups, however Viviana Alemany, PW/Property Management, who will be the Project Manager for this Project, informed the Panel that she believed their bid to be excessive and that either the City or JOC could provide this work at a lesser cost. Modtech is a publicly traded NASDAQ (MOOT) company with over $200 million in annual revenue. They are a leading designer and manufacturer of permanent and relocatable modular buildings in the United States. Modtech employs over 1300 people in California, Arizona and Florida. Modtech has extensive experience providing modular construction and total turn -key projects for St. Lucie School District, Polk County School District, Pinellas County School District, Daytona Beach Community College and Memorial Hospital Jacksonville (Children's Choice Daycare). CONCLUSION Request for Approval to Award a Contract, Pursuant to Invitation to Bid (ITB) No. 33-06/07, for the Purchase, Installation and Tie -Down of a Modular Building, to Modtech Holdings, Inc. in the amount of $115,337. MAGENDA12007\sep0507\Consent1ITB-33-05-06modbuilding.doc 25 dttA holdings, Inc. ORIGINAL Proposal Prepared for City of Miami Beac Procurement Division 3rd Floor, 1700 Convention Center Drive Miami Beach, FL 33159 Bid Proposal #: 33-06/07 Title: Purchase, Installation and Tie -Down of A Modular Presented by Rick Schnorr Regional Sales Manager Cell: 813-478-9220 for Notch Holdings, Inc. 1602 Industrial Park Drive Plant City, FL 33566 Phone: (813) 6007' and Construction IVIODThCI-I Manufacturing and Construction August 30, 2007 City of Miami Beach 1700 Convention Center Drive Miami, FL. 33139 Attn: Mr. John Ellis Procurement Division Re: Bid No. 33-06/07 Dear Sir: Per your inquiry, the following information regarding the modular building bid by Modtech will meet the following criteria: • Building occupancy is classified as "Business" • Floor is rated for 50# psf live load • Roof live load is rated for 30# psf • Wind load rating is for 146 mph, Exposure C • Modular building will meet or exceed FBC 2004 codes w/ 2007 supplements Regarding formaldehyde content, none of the materials incorporated into the finished product contain formaldehyde, which could cause acute or chronic health problems. Thank you for your interest in Modtech Holdings, Inc. and look forward to doing business in the near future. If I may be of further service, please call. Sincerely, John Marzic Estimating Ma ger 1602 industrial Park Dr., Plant City, FL 33566 • 888-929-0998 • 813-719-6007 • fax 813-759-0576 www.modtech.com • info@modtech.com Modtech is pleased to submit our pro nse to the City of Miami Beach, Florida's Request for Proposal Bid Number 33-06/07, for "Purchase, Installation and Tie -Down of A Modular". Modtech is a publicly traded NASDAQ (MODT) company with over $200 million in annual revenue. We are the leading designer and manufacturer of permanent and relocatable modular buildings in the United States. Modtech employs over 1300 people in California, Arizona, and Florida. For over two decades, Modtech has been manufacturing modular classrooms and commercial modular buildings. We have four factories with over 1.2 million square feet of manufacturing capacity located approximately 132 acres in three states. Modtech uses a comprehensive quality assurance program approved and audited by the Florida Department of Community Affairs. Our facilities are staffed with experienced quality assurance inspectors who perform continuous detailed review and audit of all production processes. Modtech maintains a secure level of quality control that has been commended by inspection authorities. Modtech projects are supported by a dedicated staff of engineering personnel, project support staff, and manufacturing teams who use the latest technology and continuous improvement processes based on lean thinking to assist in the timely completion of the customer's project including: •In-house Information Technology Department; • Graphic Design Software; • Scheduling Software; • CRM Software •AutoCad and Revit; • Project Management Software; • Estimating Software; • On -Site Technology When outsourcing any portion of our scope of work, Modtech uses only the most experienced, capable subcontractors in the area. Any subcontractor we use is of the highest caliber to meet the high standards of Modtech's buildings and reputation. Modtech has an annual financial audit from an independent accounting firm performed, including quarterly reviews. One of Modtech's important goals is to maintain and continuously improve our internal and external procedures. To help achieve this goal, we strictly adhere to our Six Pillars of Strength; Integrity, Accountability, Communication, Customer, People, and Team. As a company and as a team, we want to know how efficient we are. In order to measure the effectiveness of our efforts, and all locations/departments submit a weekly metrics report that includes information on operations, projects, and safety, just to name a few. This report is reviewed by senior Management who then changes the focus areas as needed. The one focus that aver changes is the Customer. a publicly traded company (NASDAQ: MODT) and as such is required to gal proceedings, which can be found in our most recent annual report of filed with the SEC. PROFILE / QUAL FICATIONS Modtech has over 20 years experience in the modular design, manufacturing and installation of modular classrooms and commercial modular buildings; Modtech holds a Class A General Contractor's license and is fully staffed to construct turnkey school projects. Our staff includes experts in project management, financial planning, engineering and design, production, materials management and installation. Modtech's Florida location manufactures numerous types of classroom buildings, for sale or lease, in our 120,000 sq ft facility located at 1602 Industrial Park Drive, Plant City, FL 33566, where we will be conducting all business relating to this contract. Modtech has a reputation for honesty, integrity and openness. This reputation, which our team members have earned in dealings with our customers, is present throughout our involvement in a project. From the point at which we respond to a solicitation to continuing customer service after the project is completed, team members strive for integrity in every aspect of our work. We are open and honest with the customer and no question goes unanswered, no problem left unsolved, and no issue, however small, is left unresolved. We intend to continue and improve upon this reputation as we set about completing this project. Our team is comprised of individuals who have more than 50 years combined experience in providing high quality design, engineering, manufacturing and construction services to various school districts and other entities. Our team acts and speaks with one voice, and with one goal — to provide our customer with a superior product, one that will meet or exceed every standard contained within the plans and specifications, in a timely manner, and within budget. Our team member who will be responsible for your day-to-day contact will be Tom McGovern, Modtech's Director of Site Operations, and Rick Schnorr, Regional Sales Manager. Mr. McGovern can be reached via his mobile phone at (727) 647-4486, or via e-mail at tmcgovernamodtech.cor. Mr. Schnorr can be reached at the office number 813-719-6007, ext. 227 or on his mobile phone at 813-478-9220 or via e-mail @ rschnorr@modtech.com. Modtech's approach to providing the services requested centers around our commitment to excellence in all that we do. The entire City of Miami Beach project will he overseen by Tom McGovern, Modtech's Director of Site Operation, Southeast Region and Rick Schnorr, Regional Sales Manager, both based out of the company's Plant City, Florida office. The timeline below illustrates the general flow of events upon receipt of order. Modtech®Timeline Our building designs are approved by the Florida Department of Community Affairs to meet 2004 Florida Building Code for Type II -B building. Our Engineering stair will create detailed drawings of the buildings and submit them to the City of Miami Beach for approval within 1 week of order. This work will be overseen by Rick Owen — Modtech's Engineering Manager in Plant City, Florida. At the same time, Modtech will set in place a sourcing plan to secure delivery of materials required to build, ship and set the school buildings and set a tentative production on line and off line date for each building ordered. Once the City of Miami has signed and approved the building drawings, the production date for all buildings will be firmly scheduled, and a Modtech Project Manager will be assigned to the project. The Project Manager will be a member of Modtech's Project Management team who is based out of Modtech's Plant City, Florida office. Production of buildings will begin 6 weeks after signed and approved drawings have been received by Modtech. Modtech's Procurement and Production teams in Plant City will coordinate material sourcing, manpower planning, production scheduling and manufacture of the City of Miami Beach buildings working in concert with the Director of Site Operations and the assigned Project Manager. Modtech's Plant City operation will be working at a throughput rate of 7 days for each building. Specifically, buildings will be scheduled to begin production on line 6 weeks after signed drawings are received, and be scheduled to come off line and be ready to ship 7 work days later. The production rate will be 2 complete buildings manufactured per work day. Throughout the production, delivery, set up, service and tear down of buildings, Modtech's Quality Control department will be measuring and monitoring buildings and processes to assure compliance to state approved prints and building code requirements. Under the direction of Jim Anderson — Modtech's Quality Control Manager, Modtech will oversee the entire production process and submit reports to governmental and third party inspection agencies as required. The Quality Control Manager will be Meeting with third party and/or State/Commonwealth Agency representatives to review inspection reports for each building manufactured, tc� la's Director of Site Operations, Tom McGovern, will act as a single point of contact to the on most common issues, the entire Modtech Plant City, Florida team will work directly a members of the City of Miami Beach team across all functional areas. This assures simple, direct unication t all levels of both organizations and assures efficient delivery of buildings and services City of Mitt' B oldings, Inc. SERVICE/WARRANTY PROCEDURES Essential Duties and Responsibilities include the following: 1. Analyzes requested repairs on site to determine what material will be needed. 2. Prepares materials and personnel for assigned projects. 3. Communicates with the Senior Project Manager and/or Service Manager daily on project completion status. 4. Maintains daily paperwork such as timecards, service reports, mileage reports, expense reports, schedule updates, daily reports and E-mail correspondence to keep the various people involved with the project informed of important issues; 5. Creates short -interval look -ahead service schedules to make sure that upcoming service requirements are on track and are being proactively attended to; 6. Maintains service truck in good working order and clean at all times; 7. Creates and maintains a culture that values safety, quality, health and cleanliness. 8. Conducts and/or attends safety and other project and staff meetings. 9. When directed, will assume some supervisory responsibilities of Modtech Service Technicians including giving direction, overseeing their work and participating in their employment development process. 10. Performs all job duties and responsibilities according to job -specific safety guidelines; wears all appropriate PPE. 11. Other duties as assigned. Oualifications: Experience in field service. Thorough understanding of blueprints and construction -related documents. Ability to understand and interpret service issues and recommend appropriate action and/or solutions. Supervisory skills to effectively direct, monitor, and train Service Technicians. • Strong interpersonal skills, written and verbal communication skills. • Analytical, detail -oriented, organized, computer -literate. • Commitment to Quality, Safety and Customer Satisfaction . MANUFACTURED U DATE BUILD VOICED_ AL NUMBER: 'dings, A1RRANTY iModtech (herein "manufacturer") warrants to the original purchaser this manufactured huilding to be free from defects in material and workmanship for a period of one year from the date of manufacturer's invoice to the original purchaser. Manufacturer shalt not be responsible for any such defects unless it is reported in writing to manufacturer's office in Plant City, Florida, as follows: -If the defect is a visible defect, it must be reported in writing to manufacturer within five (5) working days from purchaser's acceptance of delivery of the manufactured building. •All others defects must be reported to the manufacturer in writing within five (5) working days of the discovery of any defect by purchaser and further must be reported within one (1) year from the date of customer sign -off to the original purchaser of the manufactured building. *Manufacturer reserves the right to substitute materials of equal or better quality as determined by the manufacturer. •Manufacturer will replace or repair, at manufacturer's option, any defective materials or workmanship reported to manufacturer in accordance with the terms of this limited warranty at no charge or will authorize a qualified serviceman to perform the necessary work. Manufacturer will not accept or pay for any work performed or materials purchased in connection with defective material or workmanship without manufacturer's written authorization and release number. •Manufacturer specifically assumes no responsibility for appliances — (i.e., air conditioners, water heaters, ranges, refrigerators, etc.) purchased with the manufactured building other than the initial "start up" operation that requires direct wiring into the manufactured building. All appliances and/or materials ordered with the manufactured building have their own warranty and are the responsibility of your purchasing dealer and/or appliance manufacturer. -Manufacturer will not be responsible for the following items: •Negligence, abuse or improper use of the manufactured building. •Improper installation of the manufactured building to include, but not limited to soil conditions, foundations, pier construction, leveling or weatherproofing the manufactured building. •Improper utility connections including, but not limited to, providing power, water, sewage, telephone, or other utilities. •Normal wear and tear. -Normal preventive maintenance (for example, but not by way of limitation, air- conditioning filters). •Manufactured buildings used or shipped outside the continental United States. •Modifications, alterations, or unauthorized repairs to the manufactured building. •Occupancy, loading and classification in violation of applicable state or local building code designs and requirements. •Damage due to purchaser's delay in reporting an alleged defect under this warranty. •Tires or damage caused by tires. •Minor Door adjustments. •Minor cracking on tape, textured and painted walls. •The occurrence of one or more of the items listed above will void manufacturer's manufactured building limited warranty. •Purchaser or its set up contractor shall make adjustment to items such as doors, moldings, cabinets, wall mates, and windows that are not defective, but that may work loose or become out of square during transit. •Units are purchased F.O.B Factoaf Origin:The purchaser is responsible for filing claims for damage in transit. This warranty is expressly in lieu of all other warranties and representations expressed or implied. THERE SHALL BE NO IMPLIED WARRANTY OF MERCHANIBLITY, IMPLIEDWARRANTY OF FITNESS FOR A PAERTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTY OF ANY KIND. THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE THEREOF. The manufactured neither assumes nor authorizes any other person to assume for manufacturer any other liability in connection with the sale of such building(s) other than that expressed herein. The "original purchaser", as used in this warranty, shall be deemed to mean the person to whom the building(s) is originally sold by manufacturer. Purchaser acknowledges that no other were made to him or replied upon by him respect to the quality and function of such building(s) herein sold. Manufacturer shall in no way be responsible for the improper use of or alterations to such building(s). The warranty hereingiven shall be strictly constructed and all requirements on the part of the manufacturer and purchaser shall be governed and bound in strict accordance with and in accord with the law of the State of Florida. Any failure on the part of the purchaser to comply with the provisions herein on his part to be performed shall nullify, cancel and void the warranty herein given; and thereafter such warranty shall be of no further consequence or effect in any way whatsoever. The corrective action to be taken by the manufacturer in the manner and for the period of time provided above shall constitute fulfillment of all liabilities aanufacturer to the purchaser, whether based on contract, negligence or otherwise respect to, or arising out of, such building(s). The manufacturer shall >le for any special, indirect, incidental, punitive, or consequential damages. The remedies set forth herein and the liability of the manufacturer any contact or sale or anything done in connection therewith whether in contact, in tort, under any warranty or otherwise, shall be expressly ided herein. R ATION PLE' S PURCHASE, INSTALLATION AND THE TIE -DOWN OF A MODULAR BUILDING BID # 33-06107 COMPANY NAME: Modtech Holdings, Inc. BID PROPOSAL FORM We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the purchase, delivery and installation of a modular building, in accordance with these specifications. BASE BID Modular Building Cost Building Delivery (One time charge) Set up Complex (One time charge) Blueprint and Permit Charge (One time charge) Additional Charges (list) SKIRTING Documentation to permit, supply and install ADA access ramps and stairs Grand Total: (Base Bid) Fabrication lime Mobilization, construction and delivery to site Setup (site construction) $ 95,284.00 3,602.00 $ 4,320.00 $ Included $ 1,244.00 $ 2,935.00 107.385.00 72 Calendar Days 3 Calendar Days 10 Calendar Days Delivery timeframe assumes one week for customer approval of drawings and one week for permit approval. Addendum No. 1 (Bid Form Revised) June 20, 2007 PURCHASE, INSTALLATION AND THE TIE -DOWN OF A MODULAR BUILDING BID # 33-06/07 COMPANY NAME: Modtech Holdings, Inc. BID PROPOSAL FORM We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the purchase, delivery and installation of a modular building, in accordance with these specifications. ADD ALTERNATES Purchase and Installation of Fire Sprinklers $ 7,452.00 Bracing of all skirting $ 500.00 Additional Add Alternates (list) $ $ $ Total for Add Alternates: $ 7,952.00 Fire sprinklers to be installed to one point of connection. Site connections to be performed by others. Addendum No. 1 (Bid Form Revised) June 20, 2007 We are committed to providing excellent public sere ce and safety to all who live work, and piny in our vibrant, tropical, historic community PURCHASE, INSTALLATION AND THE TIE -DOWN OF A MODULAR BUILDING BID # 33-06/07 COMPANY NAME: Modtech Holdings, Inc. BID PROPOSAL FORM We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the purchase, delivery and installation of a modular building, in accordance with these specifications. Flooring Estimated yearly cost savings Windows Estimated yearly cost savings Lighting Estimated yearly cost savings Plumbing Estimated yearly cost savings Roofing Estimated yearly cost savings HVAC Estimated yearly cost savings Electrical Estimated yearly cost savings Insulation Estimated yearly cost savings GREEN ALTERNATES/METHODS $ $ $ $ $ $ $ Note: Upon AWARD of contract, Modtech Holdings, Inc. will work with the City of Miami Beach to explore green alternatives. Addendum No. 1 (Bid Form Revised) June 20, 2007 4'Ve are committed to providing excellent public service and sofey to all who live work,, and play in our vibrant, tropical, historic community PURCHASE, INSTALLATION AND THE TIE -DOWN OF A MODULAR BUILDING BID # 33-06/07 COMPANY NAME: Modtech Holdings, Inc. BID PROPOSAL FORM We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the purchase, delivery and installation of a modular building, in accordance with these specifications. ADDITIONAL WORK Not to Exceed Hourly Labor Rate Materials: Percentage above Contractor's Cost $ 21.00 I 10 % NOTE: Should there be a requirement for the Contractor to provide additional work not specified in the Bid documents, the City reserves the right to request a Bid to include an Hourly Labor Rate and Materials from the Contractor necessary to complete the Additional Work. The City also reserves the right to negotiate the above Line Items for Additional Work with the Contractor to reach a fair and reasonable price. Addendum No. 1 (Bid Form Revised) June 20, 2007 We ore committed to picvid:ng excellent public service and safety t.D cell ,A.ha G ,a worn. and ploy in our vibrant, un: PURCHASE, INSTALLATION AND THE TIE -DOWN OF A MODULAR BUILDING BID # 33-06/07 BID PROPOSAL FORM PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: SIGNED: Rick Schnorr, Regional Sales Manager Modtech Hold ngs,,Inc. (I certify that I am'authorized to execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: 6/20/07 Addendum No. 2: Insert Date Insert Date Rick Schnorr, Regional Sales Addendum No. 3: NAME/TITLE(Print): ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO: FEDERAL I.D.#: Insert Date Insert Date Manager Addendum No. 4: 1602 Industrial Park Drive Plant City, FL 813-719-6007 813-759-8176 33-0825386 Addendum No. 1 (Bid Form Revised) June 20, 2007 ZIP: 33566 We cue committed to prov.cling eAcellent pubic service and 50lety tO all n'ha 'n'ark, and ploy le per vibrant tropical, historic community CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information MODTECH Name of Company: Hol di ngs f Inc _ Name of Company Contact Person: Rick Schnorr Phone Number: 81 3.719. 6007 Fax Number: 81 3.759.81 76 E-mail: rschnorr@modtech. com Vendor Number (if known): Federal ID or Social Security Number. 33-0825386 Approximate Number of Employees in the U.S.: 9 0 0 Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes ✓ No Union name(s): Non—Uni on Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. i Race ✓ Yes _ No ii Sex /Yes _ No [)Color ✓ Yes _ No 1 Sexual orientation ✓ Yes _ No [ 1 Creed 1 Yes _ No 11 Gender identity (transgender status) ✓ Yes _ No i Religion J Yes _ No ❑ Domestic partner status J Yes _ No (J National origin 1 Yes _ No E Marital status 1 Yes _ No r 21 Ancestry 1 Yes _ No i Disability ! Yes _ No Age ✓ Yes _ No D AIDS/HIV status ✓ Yes _ No 12 Height ✓ Yes _ No ri Weight ✓ Yes No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. ✓ Yes _No Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners 'Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? ✓Yes _ No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? Yes No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a govemmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If vou answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If vou answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the"other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this Benefit Documentation of this Employees with with Domestic is Not Offered Benefit is Submitted Spouses Partners with this Form Health d 0' ❑ ❑ Dental rd e o o Vision a we o ❑ Retirement (Pension, ra- d ❑ ❑ 401(k), etc.) Bereavement ❑ 0 lie. 0 1 Family Leave Re o ❑ 1 Parental Leave r . E°.❑ ❑ Employee Assistance o o we o Program Relocation & Travel V d o o Company Discount, ra' w/ o o Facilities & Events Credit Union ❑ ❑ [9e 0 Child Care ❑ ❑ Cie. ❑ Other ❑ 0 0 0 Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes INo Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. day of5. in the yeare20t 7, at Plant City , FL City State 1602 Industrial Park Drive Executed this Signature Rick Schnorr Name of Signatory (please print) Regional Ra 1 PS ManartPr Title Mailing Address Plant City, FL 33566 City, State, Zip Code CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Modtech HOldings, Inc. 1602 Industrial Park Drive Nam of Cpany (please print) Mailing Address of Company iii f� Plant City, FL 33566 Signature City, State, Zip Rick Schnorr Name of Signatory (please print) Regional Sales Manager Title 813-719-6007 Telephone Number Date 7 0? CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, musbe submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City be0ine, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: N/A Date nondiscriminatory benefits will be available: N/& Reason for Delay: 0/A Description of efforts being undertaken to end discrimination in benefits: N/A B. Administrative Actions and ReQuest for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted atthe discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not Iimited to, such actions as computer systems nnodifiombona, personnel policy rmVio|ona, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: m/u If reqextension beyond three months, please explain basis: N /A C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees forwhom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no Ionger than three (3) months from the date the contract with the City is entered For a delay to be granted under this provision, written proof must be submitted with this form that: The benefits for which the delay is requested are governed by a collective bargaining agreement; All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Modtech Holdings, Inc. 1602 Industrial Park Dr. Nam f Compa (please print) Mailing Address of Company Plant City, FL 33566 gnatu e City, State, Zip Rick Schnorr Name of Signatory (please print) Regional Sales Manager Title 813-719-6007 Telephone Number t. 4PO7 Date City of Miami Beach Bid ITB No, 33-06/07 PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING BID # 33-06/07 INSURANCE CHECK LIST )00( 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. )0(X 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days aftet Modtech Holdings, Inc. Bidder May 31, 2007 City of Miami Beach Jun 1, 2007 5:12:49 PM EDT Signe ureo Bidder Rick Schnorr Regional Sales Manager Bid No: 33-06/07 16 of 33 p. 19 ACORD, CERTIFICATE OF LIABILITY INSURANCE PROOUCErt Alli.alnt Insurance Services,Inc (Lic- OC36861), P 0 Box 3280 San Bernardino CA 92413-3280 Phone:909-886-9861 Fax:909-886-2013 INSUREC Modtech Holdin s Inc 1602 Industrial Park Drive Plant City FL 33566 COVERAGES OP ID jf( DATE (MM/DDIYYYY) MODTE-2 10/12/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: INSURER B. INSURER C: INSURER 0: INSURER E: Landmark American Insurance Co Travelers Property Casualty General Insurance Company of National Union Fire Ins Co Insurance Company of the Meat THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSN WU-U LTR NSRC TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY B X X COMMERCIAL GENERAL LIABILITY Y630154D62046 CLAIMS MADE X OCCUR GENII AGGREGATE LIMIT APPLIES PER: I PRO - POLICY I 1 LOC AUTOMOBILE LIABILITY C X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO 24CC19564220 POLR;T tfFtt: LIVE DATE (MMIDO/YYI NAIC # 24732 POLICY EXPIRA YION LIMITS DATE (MMIDDMf) EACH OCCURRENCE 1$1,000,000 08/01/07 08/01/08 PREMISES(Eaoccurence) ,$100,000 08/01/07 08/01/08 EXCESS/UMBRELLA UABILITY X ] OCCUR L_ CLAIMS MADE BE9834301 X 1DEDUCTIBLE RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER A Builders Risk 0220390501 LHQ412881 07/15/07 MED EXP (Any one person) 155,000 PERSONAL & ADV INJURY I $ 1,000,000 GENERAL AGGREGATE $5,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. 1,000,000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY I(Per accident) PROPERTY DAMAGE i (Per accident) $1,000,000 AUTO ONLY - EA ACCIDENT ( $ EA ACC 1 $ OTHER THAN AUTO ONLY: EACH OCCURRENCE 08/01/08 1 AGGREGATE 1 AGG X I TOR WCY STLIMATITS ER U- I I OTH- 08/01/07 08/01/08 I E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEEI El_ DISEASE - POLICY LIMIT I 07/15/07 08/01/08 Each OCC DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PRO IISIONS Operations pertaining to named insured for certholder. Certholder is add'1 insd as respects gen'l & auto liab per blanket end'ts attached. *30 day N 0 C except 10 day for non-payment of premium. CERTIFICATE HOLDER CIMIA01 City of Miami Beach Attn: Gus Lopez, Procurement Director 1700 Convention Center Dr. Miami Beach FL 33139 ACORD 25 (2001/08) $35,000,000 $35,000,000 $ $ $ $1000000 $1000000 $1000000 1,000,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO: l DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTI REP E NTATIVE- © ACORD CORPORATION 1988 n Holdings Inc Policy Pu bsr: Y630909E2861TIL07 Policy If/active Date: 07/15/07 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LLABIUTY COVERAGE PART 1. WHO IS AN INSURED — (Section H) Is amended to include any person or organization that you agree in a "written conked requiring Insurance" to Include as an additional Insured on this Cover- age Part, but a) Only with respect to liability for 'bodily injury', "property damage" or 'personal Injury; and b) If, and only to the cadent that, the injury or damage is caused by acts or omissions of you or your subcontrador in the performance of 'your wok" t0 which the Necklet' contract requiring insurance" applies. The person or organization doss rat qualify as an additional Insured with reaped to the independent acts or omissions of such parson or organization. 2. The krsurana provided to the addtlonad insured by his endorsement is limited es follows. a) M the event that the Units of Insurance of this Coverage Part shown In the Declarations exceed the knits of Nabilty required by the "written conked requiting Insur•rnoe". the in- surance provided to the addltlonal insured shall be limed to the limits of Mabey re- quired by that 1ttsn contrail requiring k} sursnce`. This endorsement shall not Int - crease the limits of Insurance described In Section M — Lknits Of insurance. b) The Insurance provided to the additional in- sured doss not apply to 'bodily Injury, 'prop- erty damage' or 'personal Injury' Meting out of the rendering of. or failure to render, any professional architecture', engineering or sur- veying services, including: I. The preparing. approving, or failing to prepare or approve, cape, shop draw- ings, opinions, reports, surveys, field or- ders or charge orders. ar the preparing. approving. or falling to prepare or ap- prove, drawings and and it. Supervisory. Inspection, architectural or engineering activities. 01111 CG D2 44 01 OS c) The insurance provided to the addkional In- sured does not apply to 'bodily Injury' or 'property damage' caused by Now work' and included in the op. erations hazard'. 3. The Insurance provided to the additional Insured by this endorsement Is excess over any valid and coNeele 'other ktsurance', whether primary, excess, contingent or on any other bests, that is available to the additional Insured for a loss we cover under this endorsement. However, If the 'written contract requiring insurance spedfically requkes that this insurers= apply on a primary basis or a prknary and non-contributory bests, this knsuranci Is pnmwy la other Insurance" available to the additional insured which covers that person ar organization as named insured for such loss, and rw wM not share with that 'other insurance. But the insurance provided to the additional insured by tints endorsement still is excess over any valid and collectible 'other in- surance, w us her primary. excess, contnp!nt or on any eller balk that is available to the addi- tional ktsured Wien this person or organization Is an additional Insured under such 'other insur- ance. 4. As a condition of coverage provided to the addltion■I insured by this endorsement: a) The additional Insured must Ohre us written notice as soon as practicable of an 'OMAN nonce' or an offense *doh may result in • claim. To the extent possible, siudn notice should include: L How. wAten and where the 'occurrence or offense took place; IL The names and addresses of any Injured persons and witnesses; and 10. The nature and location of any Injury or damage arkd g out of the 'occurrence or offense. 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and if. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suir, cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions.. d) The additional insured must tender the de- fense and indemnity of any daim or "suit" to any provider of "other insurance whlch would cover the additional insured fora loss we cover under this endorsement. However, this condition does not affect whether the Insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring Insurance" means that part of any written contract or agreement under which you are required to Include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs acurs and the "personal injury" Is caused by an offense committed a. After the signup and execution of the contract or agreernent by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CO D2 48 0105 POLICY NUMBER: 24CC19564210 COMMERCIAL AUTO ISSUE DATE: 07/15/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a. or b. of that provision, subject to the following additional pro- visions: Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN inumilmonownwilludonill MN t CA T3 01 02 99 20 1. No liability is assumed by that person or organi- zation for the payment of any premiums stated in the policy or earned under the policy. 2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Address CONTRACT, EXECUTED PRIOR TO LOSS. TO NAME AS AN ADDITIONAL INSURED Page 1 of 1 City of Miami Beach Bid ITB No. 33-06/07 PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING BID # 33-06107 CUSTOMER REFERENCE LISTING Bidders shall fumish the names, addresses, and telephone numbers of a minimum of six (6) clients or govemment organizations for which the Bidder is currently fumishing or has furnished similar services. Bidders are required to send out the Performance Evaluation Survey and Letter provided in pages 49-50 of this Invitation to Bid to each of their clients. Bidders are encouraged to send the survey not only to the clients listed below, but as many as they see fit. 1) Company Name School District of St. Lucie County 327 N. W. Commerce Park Drive Address Port St. Lucie, FL 34986 Contact Person/Contract Amount Mike Durette, Telephone No. 772.340.7112 (qPP A1-tarlhment) Fax No. 772.340.4848 E-mail durettem@stlucie.kl2.fl.us 2) Company Name Polk County School Board 1915 S. Floral Avenue Address Bartow, FL 33830 Contact Person/Contract Amount Larry Helton, (see attachment) Telephone No. 8 6 3.51 9.81 2 9 Fax No. 863.534.9200 E-mail larry.helton@polk-fl.net 3) Company Name School Board of Pinellas County Area 3 Office, 47333 144th Avenue No. Address Clearwater, FL 33762 Contact Person/Contract Amount John Moody, (see attachment) Telephone No. 727-638-3385 Fax No. 727.547.7241 E-mail nioodyj tapcsb. ora May 31, 2007 City of Miami Beach Jun 1, 2007 5:12:49 PM EDT Bid No: 33-06K07 28of33 p. 31 1 1 City of Miami Beach Bid ITB No, 33-06/07 CUSTOMER REFERENCE LISTING (CONTD.) 4) Company Name Brevard County School District 2700 Judge Jamieson Way Address VTPRA, FL 32940 Contact Person/Contract Amount Chip Harrison, ( see attachment ) Telephone No. 321.633 _1000 Fax No. 321.633.3618 E-mail harrisonc@brevard.k12. fl. us 5) Company Name Daytona Beach Community College 1200 W. International Speedway Siva. Address Daytona Beach, FL 32120 Contact Person/Contract Amount nanny ware, ( sea attachment ) Telephone No. 386.506.3004 Fax No. 386.506.4289 E-mail Wared@dbcc.edu 6) Company Name Memorial Hospital Jacksonville 3625 University Boulevard Soutn Address Jacksonville, FL 32216 May 31, 2007 City of Miami Beach Jun 1, 2007 5:12:49 PM EDT Contact Person/Contract Amount Don Parsons, Telephone No. 904.399.6664 ( see attachment) Fax No. 904.391.1574 E-mail don. parson @HCAhealthcare.com Bid No: 33-06/07 29 of 33 p. 32 sesndweo tpeee euolAeci (suogeoei snoueA) CU 3. 0 40P1s10 100439 kunoO sslIguld in snop (suogeooi snol co 7 a) re 0 > o • • a", • co , 3 -C -00C 0 ,c, 0 0 c,-13 ig. cu , „,. rcil. .tas 0.0 tamm_o—m0 ma) 3 3. < 2 co cn cn -u mmriarc,•Zw3mco zgE(0i0-'iw.macii. 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O 3 = z'c Fr -o 0 — (/). 0 C., , > 9.1. .7 m E,.. g 8 -i F>• . 0 g 0 0 • pa . 7 03 ES 3 co 0 ...., , O. 03 0 c "441 3 11/4) ri GI ,- 3 co0 = - ',4 to _. 0 cp ca a P --N < 03 0 to cn 3 3 * 8 -0 - a co 0, Eit ..4 0 r, „ • - • . . a_ • 00 R• 0 • g- :,-i• -U U) -• =• 0. ..,z -c.-..< (1_0 • c..-af o_ -- to Da CD 0 O V ° (1) - 0- o 2 0 a 0 0. P0= s. • ..=.R ..„ 0 , =P 0=- 7• 0 F!.r = co CO if CD --4 lj 0 (0 <(0 Wm I. 3 -I" 8) co c•P ..... 6 0 al CA) co co 9r- g co co n..) ca - 2..• -•-i c 8 6, oi .0 pi 3 o o. 0 0 3 ..• O 2 a o) (c) -n 60 r City of Miami Beath Bid ITB No. 33-06/07 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: BY Mcdter.ii RoLdingc_r_ , 1642 Indil5f-ri al Park Dr_ Plant City, FL 33566 Principal Office 2830 Barrett Avenue. Perris. CA 92571 How many years has your organization been in business under your present business name? 7 Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? 2 General Contractors Lic. #CGC 1506633 Please state license(s)type and number: _DrA P1Ani- Approva 1 #MH -42R include copies of above licenses and certificates with proposal. Included in package. Have you ever had a contract terminated due to failure to comply with contractual specifications? mo If so, where and why? N /A In what other lines of business are you financially interested or engaged? Modular construction: commercial. educational and residential Give references as to experience, abi 31-32. Attached are May 31, 2007 City of Miami Beach Jun 1, 2007 5:12:49 PM EDT , and financial standing References on pages te vendor/trade reterences. Bid No: 33-06/07 32 of 33 p. 35 City of Miami Beach Bid ITB No. 33-06/07 CONTRACTOR'S QUESTIONNAIRE (CONTD.) Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub -consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Modtech Holdings, Inc. is a publicly traded company on the NASDAQ. b. Individuals or entities (including our sub -consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. Not applicable. 1 HEREBY CERTIFY t the above answers are true and correct. iaislowiroosi,„ May 31, 2007 City of Miami Beach Jun 1, 2007 5:12:49 PM EDT ) (SEAL) (SEAL) Bid No: 33-06/07 33 of 33 t. P. 36 TRADE REFERENCES i Do not use carpet mills as credit references. Name Address Ct()% . -41\- • City, State, Zip r FL. 331205 Phone: 3t4„, LFSI1 Fax (-0_0214'7- =75 e-mail: Name ` f Wel-% Address 55 CP r► -kr' l , City, State, Zip tce . FL 3'+5 Phone: 65ffe. i p4 - 106,99 Fax (4350 `619q - (010910 They do not answer our requests. Name Address Pb &LC 1o01-0 City, State, Zip a C• 7A Phone: (j19 953- 70o0 Fax (`� .1.21— 0t Sa- e-mail Name Address City, State, Zip Phone: ( ) Fax ( ) e-mail e-mail The above information is given for the purpose of obtaining credit and is warranted to be true; investigation of the references given is authorized. Signature below of Rrrk'r h1ck.icl,\C• (company name) indicated financial responsibility, ability and willingness to pay invoice amounts in accordance with terms. If collection through an attorney becomes necessary on this account, it is agreed thaHN-ere-responsibie for all costs of collection, inch ' attorney fees.y /Y/• ars: c h' �vL.2/n16- %/ rsraa (-rtho /l'Ie?,L. i%1 c'd Signature of- 7�0 L %j/w(,-5 J , t/ Title // ri 6-->, XA/ / 5 .9 r L/(l./ r";�'� i) 6.- /) t% v ii: /,s -z'/ CSLC1'6CLt'8 a4sRs JOQ I.d I e4n4aa4 i ya.JU WWIE:E3 4nn2 II unr STATE OF FLORIDA Elf na RR YE M Pan F 0110 cL9 n 0 0 0 P-1 rrIF "Dedicated to making Florida a better place to call home" JE B BUSH Governor Certification Number: MFT -3115 Manufacturer: Modtech Holdings, Inc. Address: 1602 Industrial Park Drive Plant City, Florida 33566 Expiration: November 23, 2007 THADDEUS L. COHEN, ALA Secretary Certified for Manufacturing: Business, Educational, Residential and Storage Buildings This will confirm that Modtech Holdings, Inc. is certified to manufacture manufactured (modular) buildings, as defined by Rule Chapter 9B-1, FAC, and Chapter 553, Part I, FS, for location or sale in the State of Florida. The condition of this certification is limited to authorization specified in the above references. Each building shall bear a State Insignia located on the electrical panel box cover. This certification renewal shall be for a period of three years, as indicated above. The manufacturer will receive a renewal notice by E-mail, generated by the Building Code Information System (BCIS) 90 days prior to expiration of this notice. The manufacturer must submit the information required in s. 553.381 F.S. and Rule Chapter 9B-1.007 FAC online at www.floridabuildirm.org. If you have questions regarding licensing requirements for site -related permits for installation of manufactured buildings, you may contact us, your local building department or the Department of Business and Profession Regulations at (850) 487- 1395. Sincerely, Michael D. Ashworth Program Manager Manufactured Buildings Program Building Codes & Standards Phone: 850-922-6075 FAX: 850-414-8436 cc:HWC Uglily ED FED 2555 SHUMARD OAK BOULEVARD e TALLAHASSEE, FLORIDA 32399-2 100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htto://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (FRAM AI flflQfl HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tellahassee, FL 32399-2100 _ _ f1`~ic�f�fora %ay 01s -4(1* -4 01�ddleca(iN„,f(j1R 1 0W4(0)!WfiC,,v4/00Wil'IlvA,Vifai'lk' (0) Eepurtment of 'tate I certify from the records of this office that MODTECH HOLDINGS, INC. is a Delaware corporation authorized to transact business in the State of Florida, qualified on July 12, 2000. The document number of this corporation is F00000003908. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report/uniform business report was filed on July 21, 2006, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-fourth day of July, 2006 CR2E022 (O1 -C6) Ste. . coyA, bh e•rrrttn•t� of;ttttr. "� • Illri M � "� OA)•,�,i• pvM • owe * ' woo, �M� ON•1 •V4S •i!rX•, • a 110145X1.1.4•1%4•! '•*.ta tr"d• V VVVM�(+,1 .• © V •• WT. ne.•iar ,,rxa! WI0ra .f 0 V4N'441•w441 •-44�(w F� • • Ac# 2367439 STATE OF FLORIDA DEPARTMENT OF..BUSINESS=._AND PROFESSIONAL REGULATION CONSTRUCTION -INDUSTRY LICENSING BOARD SEQ#L05122300964 BATCH NUMBER LICENSE NBR 12/23/2005 058030949 IQB24178 The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2007 (THIS IS NOT A LICENSE 'TO.:,PERFORM WORK. THIS ALLOWS COMPANY TO DO BUSINESS ONLY'IF IT HAS A QUALIFIER.) MODTECH HOLDINGS INC,'; MODTECH HOLDINGS INC 2830 BARRETT AVE PERRIS JEB`�J .. ,SH, GOVERNOR DISPLAY AS REQUIRED BY LAW CITY 01 PLANT CITY OCCUPATIONAL LICENSE TAX RECEIPT SIMONE MARSTILLER SECRETARY For Period Commencing October 1, 2006 and ending September 30, 2007 By granting this occupational license, the city is not assuring licensee that the use meets the building code, zoning ordinances, or other regulatory ordinances of the city. Furthermore, this license does not permit the licensee to violate any regulatory laws or ordinances of the state, county or city, or a*empt the licensee from any other license or permits that may be required by law. CLASSIFICATION DESCRIPTION 175 MANUFACTURING Total $150.00 Issued Date 09/27/06 License Number: 09687 Business Name and Mailing Address: MODTECH HOLDINGS INC UNITED MODULAR -M WOODBURY A/P 1602 INDUSTRIAL PARK DR PLANT CITY FL 33566 Business Physical Location: 1602 INDUSTRIAL PARK DR PLANT CITY FL 33566 Made ec is a o1 _ego Ere I ®xo 1763 , C2 iTILOG Weil y IIl tree, .vo 1atem Ofl15/0f COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE Rte® IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPE #} u4. Ton) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section ll) is amended to include any person or onganizathon that you agree In a %When contract requiring Insurance° to Include as an additional insured on this Cover- age overage Part, but a) Only with respect to liability for *bodily Injury°, 3. 'property damage° or 'personal Injury"; and b) 11. and only to the extent that, the injury or damage is caused by ads or omissions of you or your subcontractor in the performance of 'your work' 10 which the "mitten contract requiring Insurance' applies. The person or organization does not gustily as an additional Insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional Insured by this endorsement is limited as follo+es: a) In the event that the Units of Insurance of this Coverage Part shown In the Declarations exceed the Milts of lability required by tie 'mitten contract requiring insurane, the in- surance provided to the addltbnal insured shah be limited to the limits of liability re- quired by that "written contract requiting in- surance. . 'this endorsement shall not in- crease the limits of insurance described in Section IN — Limits Of insurance. b) The Insurance provided to the additional in- sured does not apply to 'bodily Injury'. 'prop- edy damage' or 'personal injury' wising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying urveying services. including: I. The preparing, approving, or failing 10 prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or charge orders, or the preparing, approving. or failing to prepare or ap- prove. drawings and specifications; and 11. Supervisory, inspection, architectural or engineering activities. 011109 CO 02 440) 0f 4. c) The insurance provided to the additional in- sured does not apply to °bodily injury' or 'property damage° caused by "your work' and included M the 'products -completed op- erations hazard'. The insurance provided to the additional insured by this erdorabmenl is excess over any valid and collectible "other insurance', whether pricey, excess. contingent or on any other balls, that is available to the additional inured for a loss we cover under this endorsement. However, If the 'Witten contract requiring Insurance' specifically requkis that this insurance apply on a primary bub or a primary and non-contributory bests, this knsurano% a primary to 'dryer insurance" available to the additional insured which covers - that person or organization as a named insured for such loss, and we MI not sham veli that 'other kaw nca'. But the insurance provided to the sdd01ona1 Insured by this endorsement all is SWAMIS over ..any valid Ind coNedibls "other in- surance. whether primary, excess. contingent or on any other beat, that is available to the addi- tional insured when that person or organization Is an additional Insured under Such 'other. ksur- ance. As .4 condition of coverage provided to the additional insured by this endorsement: a) The additional Insured must give us written notice as soon as pmcticabie- of an 'occur - renes" or an offense which may result in a claim. To the extent possible, such notice should include: 1. How, when and where the 'occurrence" or offeror took place; K The names and addresses of any Injured persons and witnesses; and The nature and location of any Injury or damage arising out of the 'occurrence' or offense. 2005 TM SI. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) If a claim is made or suit °suir is brought against the additional insured, the additional insured must: i. Immediately record the spedfics of the claim or "suit" and the date received; and 0. Notify us as soon as practicable. The additional insured must see to It that we receive written notice of the claim or °suit• as soon as predicable. c) The additional insured must immediately send us copies of ail legal papers received in connection with the claim or "sur, cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions.. d) The additional insured must tender the de- fense and Indemnity of any claim or 'suit• to any provider of other insurance" which would cover the additional Insured for a loss we cover under this endorsement. However, this condition does not affect whether the Insur- Page 2 of 2 ance provided to the additional insured by this endorsement is primary to °other insur- ance° available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. S. The following definition Is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance° means that part of any written contract or agreement under which you are required to Include a person or organization as an additional in- sured on this Coverage Part. provided that the "bodily injuy and •property damage" oc- curs and the •personal injury" Is caused by an offense committed a. After the signing and execution of the contract or agreement by you; b. While that pad of the contract or agreement is In effect; and c. Before the end of the policy period. 2005 The St. PaufTrnvelers Companies, Inc. foO 02 42 p8 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673.7851 Invitation to Bid No. 33-06/07 PUBLIC NOTICE Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on June 25, 2007 for: PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Purpose: The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase, delivery, installation and tie -down of a modular building for the Parks and Recreation Department of the City of Miami Beach as specified herein. A Pre -Bid Conference will be held on June 11, 2007 at 2:00 p.m. in the City Manager's Small Conference Room, Fourth Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Bidders, who are interested in participating via telephone, please send an e-mail to JohnEllis@miamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting. The City of Miami Beach is utilizing RFP Depot, as an electronic procurement service for automatic notification bid notification opportunities and document fulfillment. RFP Depot allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.rfDdeoot.com. If you do not have Internet access, please contact the RFP Depot's vendor support group at 800-990-9339 or 801-765-9245. May 31, 2007 City of Miami Beach Bid No: 33-06/07 2 of 33 Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://vvww.miamibeachkaovinewcitv/depts/purchase/bidintro.aso • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363 • LOCAL PREFERENCE ORDINANCE NO. 2003-3413 • CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. May 31, 2007 City of Miami Beach Bid No: 33-06/07 3 of 33 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 NO BID NOTICE TO PROSPECTIVE BIDDERS If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASONS) CHECKED AND/OR INDICATED: _Our company does not handle this type of product/service. We cannot meet the specifications nor provide an alternate equal product. Our company is simply not interested in bidding at this time. Due to prior commitments, I was unable to attend pre -proposal meeting. OTHER. (Please specify) We do do not want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from the City's bid list. May 31, 2007 City of Miami Beach Bid No: 33-06/07 4 of 33 PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING BID # 33-06/07 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile or e-mailed bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. May 31, 2007 City of Miami Beach Bid No: 33-06/07 5 of 33 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. May 31, 2007 City of Miami Beach Bid No: 33-06/07 6 of 33 Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.17 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. May 31, 2007 City of Miami Beach Bid No: 33-06/07 7 of 33 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI -DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.24 AMERICAN WITH DISABILITIES ACT: To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city -sponsored proceeding, please contact 305-604-2489 (voice), 305- 673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami -Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 BID GUARANTY: N/A 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.29 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. May 31, 2007 City of Miami Beach Bid No: 33-06/07 8 of 33 The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.31 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.32 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self- addressed stamped envelope with the bid. 1.35 PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. A copy of such Addendum shall be sent by BidNet® via e-mail or facsimile to each Bidder receiving the Solicitation that is a subscriber to the Bidnet® notification system. Bidders who are not subscribers to the Bidnet® system are responsible for ensuring that they have received all addenda. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will May 31, 2007 Bid No: 33-06/07 City of Miami Beach 9 of 33 Warranty Ellis, John From: Richard Schnorr [RSCHNORR@MODTECH.com] Sent: Monday, July 23, 2007 4:44 PM To: Ellis, John Cc: Leonard, Clifton; Lopez, Gus Subject: Re: Warranty Modtech agrees to the terms and conditions as outlined below. Sent from my BlackBerry Wireless Handheld Original Message From: Ellis, John <JohnEllis@miamibeachfl.gov> To: Richard Schnorr CC: Leonard, Clifton<CliftonLeonard@miamibeachfl.gov>; Lopez, Gus <GusLopez@miamibeachfl.gov> Sent: Mon Jul 23 13:41:21 2007 Subject: FW: Warranty Richard, Page 1 of 4 Based on our conversation today relative to you agreeing to the clarification in the e-mail below, please do so in writing, so that we may continue with the process as discussed. Thank you. MIAMIBEACH John Ellis, CPPB, Assistant Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305.673.7494 / Fax: 305.673.7851 / www.miamibeachfl.gov <blocked::http://www.miarnibeachfl.gov/> We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Ellis, John Sent: Monday, July 23, 2007 3:06 PM To: 'rschnorr@modtech.com' Subject: FW: Warranty Please see the e-mail below. MIAMIBEACH John Ellis, CPPB, Assistant Procurement Director nil Z i111n1 } Ke: warranty PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305.673.7494 / Fax: 305.673.7851 / www.miamibeachfl.gov <blocked::http;i/www.miamibeachfl.gov/> ragc L ui '+ We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Ellis, John Sent: Friday, July 20, 2007 2:48 PM To: 'Richard Schnorr' Cc: Leonard, Clifton Subject: RE: Warranty Richard, Please take a look at the language in the paragraph below and let me know if you are agreeable to it. The vendor shall be authorized a Progress Payment upon substantial completion (once the building is delivered and tied down) . At substantial completion the City's designated representative will conduct an inspection and photograph the buildings' condition. Then once the JOC contractor completes the plumbing tie-ins etc., and the modular contractor (Modtech) comes back to complete the skirting etc., and the building is signed -off by the Building Department, accepting the modular building at final completion, the City will then authorize final payment at which time the warranty period from Modtech will become effective. The modular contractor (Modtech) will not be held responsible for any damages caused by another vendor, city worker or natural disaster beyond the direct control of the modular contractor. So in other words, Modtech holds title of the modular building until the City authorizes final payment for final completion. Should you have any questions, please contact me at your earliest convenience. Thank you. MIAMIBEACH John Ellis, CPPB, Assistant Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305.673.7494 / Fax: 305.673.7851 / www.miamibeachfl.gov <blocked::ht//www. miamibeachfl.gov/> We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Richard Schnorr [mai lto:RSCI INORR(a MODTECI .eoi Sent: Tuesday, July 17, 2007 3:33 PM 9/13/2007 vv arrancy To: Ellis, John Subject: RE: Warranty I would like to clarify "final acceptance". The term final acceptance, we assume, is for Modtech's scope of work only. Thanks, Rick From: Ellis, John [mailto:JohnEllis@mi Sent: Tuesday, July 17, 2007 12:28 PM To: Richard Schnorr Cc: Leonard, Clifton; Lopez, Gus Subject: RE: Warranty Richard, iibcachtl.gov] From a clarification standpoint, based on the Terms and Conditions (Section 1.16 - Inspection, Acceptance & Title and Section 2.3 - Shipping Terms) stated in the bid documents, the City of Miami Beach will NOT hold title or be responsible for insuring the modular building until "final acceptance" of the project. Please state/clarify whether your company will comply with the Terms and Conditions stated in the bid documents. Failure to comply may deem your bid as non-responsive. Thank you. MIAMIBEACH John Ellis, CPPB, Assistant Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305.673.7494 / Fax: 305.673.7851 / www.miamibeachfl.gov <blocked::http://www.miamibeachfl.sov/> We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 9/13/2007 xe: warranty From: Richard Schnorr [mail to: RSCIINORR(aMODTEC1-I.corn Sent: Monday, July 16, 2007 9:40 AM To: Ellis, John Subject: Warranty John: rage -+01' Based on a conversation that you had with Heath Moore of my office, I would be willing to change the warranty statement to the following: "The modular building shall be FOB the City of Miami Beach project site and Modtech Holdings, Inc. will hold title until our scope of work is complete and Modtech Holdings, Inc. has received full payment from the City of Miami Beach. The City of Miami Beach shall be responsible for insuring the building against damages upon arrival on the project site". Regards, Rick L. Schnorr Regional Sales Manager Modtech Holdings, Inc. 1602 Industrial Park Dr. Plant City, Florida 33566 Ph: 813-719-6007 Ext.227 Cell: 813-478-9220 Fax: 813-759-8176 Email: rschnorr@modtech.com Please visit our website at: www.modtech.com <http://'www,modtech.com/> 9/13/2007 not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.37 DEMONSTRATION OF COMPETENCY: 1) Pre -award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.38 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. May 31, 2007 City of Miami Beach Bid No: 33-06/07 10 of 33 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with ail laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.42 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non - responsible, and may be suspended or debarred, and any contract resulting from collusive May 31, 2007 City of Miami Beach Bid No: 33-06/07 11 of 33 bidding may be terminated for default. 1.47 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: • Any agreement resulting from the award of this Bid (if applicable); then • Addenda released for this Bid, with the latest Addendum taking precedence; then • The Bid; then • Awardee's Bid. 1.48 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.49 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. 1.50 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. 1.51 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at the time of Bid submission. 1.52 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.53 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.54 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges will be accepted, i.e.; 12-14 May 31, 2007 BidNo: 33-06/07 City of Miami Beach 12 of 33 days. 1.55 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the City Clerk. 1.56 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.57 TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. 1.58 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including May 31, 2007 City of Miami Beach Bid No: 33-06/07 13 of 33 extra work in connection with this project shall meet the following requirements: Maintain Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. May 31, 2007 City of Miami Beach Bid No: 33-06/07 14of33 The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. May 31, 2007 City of Miami Beach Bid No: 33-06/07 15 of 33 PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING BID # 33-06/07 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder SignatureofBidder May 31, 2007 City of Miami Beach Bid No: 33-06/07 16 of 33 PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING BID NO. 33-06/07 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase, delivery and installation of a modular building for the Parks and Recreation Department of the City of Miami Beach as specified herein. 2.2 METHOD OF AWARD Award of this contract will be made to the lowest and best bidder, as defined in General Conditions 1.38, whose bid will be the most advantageous to the City of Miami Beach. 2.3 SHIPPING TERMS: Prices shall include freight to City's premises, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized City representative. 2.4 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A 2.5 PRE-BID CONFERENCE/SITE INSPECTION: A non -mandatory Pre -Bid Conference will be held at 2:00 p.m. on June 11, 2007, at the City of Miami Beach, City Hall, 4th Floor, City Manager's Small Conference Room located at 1700 Convention Center Drive, Miami Beach, Florida 33139. 2.6 CONTACT PERSON: The contact person for this Invitation to Bid is John Ellis. The contact person may be reached by phone: 305.673.7490; fax: 786.394.4001; or e-mail: iohnellisemiamibeachfl.gov . Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.55, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.7 VENDOR APPLICATION The City of Miami Beach is utilizing RFP Depot, as an electronic procurement service for automatic notification bid notification opportunities and document fulfillment. RFP Depot allows for vendors to register online and receive notification of new bids, amendments and awards. May 31, 2007 City of Miami Beach Bid No: 33-06/07 17of33 Vendors with Internet access should review the registration options at the following website: www.rfpdepot.com. If you do not have Internet access, please contact the RFP Depot's vendor support group at 800-990-9339 or 801-765-9245. 2.8 DELIVERY TIME: Vendors shall specify on the attached Bid Form the estimated delivery time (in calendar days) and lead time for installation of modular building. 2.9 LIQUIDATED DAMAGES: Bidder agrees to pay Owner as liquidated damages for delay (but not as a penalty) in the amount of One Hundred Dollars ($100.00) for each calendar day beyond the delivery/installation time specified in the Bid Form. 2.10 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 2.11 WARRANTY: The successful bidder will be required to warranty all work performed for a minimum of 1 year from date of acceptance. Equipment supplied shall be covered by manufacturer's warranty. 2.12 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM) Each bid must be accompanied by a minimum of six (6) references of clients or government organizations for which the Bidder is currently furnishing or has furnished similar services. Reference shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. In addition, Bidders are requested to provide their clients with the Performance Evaluation Letter and Survey attached herein on pages 29 and 30, and request that their clients submit the completed survey to the contact person for this Invitation to Bid at facsimile number 786.394.4001, via e-mail or by regular mail. Also, Surveys submitted by the Bidder to the Procurement Division will not be considered. Contractors are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site -visitation, and other independent confirmation of data. 2.13 FACILITY LOCATION: Modular building will be installed at the following address: Greenspace Management Division 2100 Meridian Ave. Miami Beach, FI 33139. May 31, 2007 City of Miami Beach Bid No: 33-06/07 18 of 33 2.14 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified service. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; is an authorized distributor of the items specified in their proposal; has not had just or proper claims pending against him or his firm; and has provided similar type products. The evidence will consist of listing of contracts for similar equipment that have been provided to public and private sector clients, within the last three (3) years, and letter from the manufacturer that bidder is an authorized distributor for the proposed manufacturer. 2.15 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.16 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.17 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND FIVE COPIES of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.18 MAINTENANCE AGREEMENT: N/A 2.19 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided products so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. The City, after evaluation of the documentation submitted, will determine if product is approved as equal to specified. 2.20 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team of well-trained May 31, 2007 Bid No: 33-06/07 City of Miami Beach 19 of 33 professionals, and must serve the public with dignity and respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. May 31, 2007 City of Miami Beach Bid No: 33-06/07 20 of 33 PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING BID NO. 33-06/07 TECHNICAL SPECIFICATIONS 3.1 General Conditions 3.1.1. The Contractor will be responsible for all materials, labor, and equipment necessary to perform the work included in these specifications. 3.1.2. The Contractor will perform all work in accordance with Florida Building Codes, Dade County Codes, and in strict compliance with Americans with Disabilities Act (ADA) requirements. 3.1.3. The Contractor will be responsible for providing any barriers necessary to assure a safe workplace during the construction process. The contractor will also maintain a safe, clean, work site throughout the installation process. 3.1.4. The Contractor will provide all documentation necessary to obtain all necessary permits for the work outlined in these specifications. 3.1.5. The contractor will assume in the bidding process that the work will be preformed on a level installation surface. Necessary excavation and compaction will be provided by the City. Requirements for the site and exact locations of utility stubs needed for the building will be provided by the contractor a minimum of two weeks prior to the building delivery. 3.1.6. The contractor is responsible for all necessary items including any extra blocking or anchoring requirements to meet local Code approval. The contractor is responsible to know exactly what these requirements are and include the associated costs in the bid. 3.1.7. The contractor will remove all work site related debris from the premises immediately upon completion of the installation. 3.2 Scope 3.2.1. The contractor is to provide a modular, air conditioned, ADA compliant building that is approximately 36 lineal feet in width and 60 lineal feet in length for a total of approximately 2,160 square feet of interior space. 3.2.2. The configuration of the interior partitions will be as per the attached drawings. 3.2.3. The required restrooms will be constructed in strict compliance with the Americans with Disabilities Act (ADA) requirements. 3.2.4. All entrances to the building will include necessary decking, ramps, and railing to comply with ADA requirements for full accessibility. 3.2.5. All service stubs shall penetrate to the outside of the building. The penetrations should be sealed to keep insects and vermin from entering at these locations. Service and connections to these utility stubs will be provided by the City. Lighting and receptacle locations are reflected on the attached drawings. 3.2.6. Water and sewer connections for the required plumbing fixtures identified in the attached drawings will also penetrate the building and be sealed. Water and Sewer service connections to these stubs will be provided by the City. 3.2.7. The City will be using a microwave only. May 31, 2007 City of Miami Beach Bid No: 33-06/07 21 of 33 3.3 Finishes 3.3.1. The exterior of the building will include "skirts" that will prevent access under the building by animals or persons. These "skirts" shall be installed after the various service connections are made. 3.3.2. All rooms with the exception of the kitchen, open office area and restroom areas will include a commercial grade, carpet. Kitchen and restroom areas will receive commercial grade, slip resistant solid vinyl or rubber flooring. Colors to be selected by City from color swatches provided by contractor. 3.3.3. All door hardware will be "lever" type to comply with ADA requirement. 3.3.4. Interior and exterior paint color(s) are to be selected by the City from color samples provided by the contractor. Color(s) that are selected will be approved colors for use in the City as per the Design Review Board. 3.3.5. Plastic laminate (Mica) colors on counters and shelving are to be selected by the City from color samples provided by the contractor. 3.3.6. Fire rating must be quoted per DSI and State Third Party Interpretation. Fire rating is subject to Fire Marshall and local official interpretation. Any cost differences due to these interpretations must be paid for by the customer (taken from the successful bidders quote). 3.4 Execution Contractor shall provide to the City at the time of bid, time requirements for the construction, delivery and installation of all work included in these specifications. MODULAR BUILDING SPECIFICATIONS: Buildina Dimensions (3) 11' 8' x 60' modules: 36x60 Frame Outrigger Type (I -Beam Spacing — 951/2") 96" o.c. I -Beam size as required Axle Quantity as required Detachable Hitches Floor No Carpet Bar included Nylon impregnated bottom board 2X6 Joists, 16" OC Standard 5/8" T&G plywood decking 1/8" Vinyl Composite Block (per print) 20 oz. commercial carpet (per print) Size: 36x60; Square Ft. 2,160; Perimeter Ft. 192 Walls and Partitions Wall Height: 9'-0" Double Top Plate 2x6 endwalls extended to roof decking 190 Interior Partition walls (Refer to drawing) 1/2" Vinyl covered gypsum interior wallboard May 31, 2007 City of Miami Beach Bid No: 33-06/07 22 of 33 60 Double Mateline walls Interior trim 4" Vinyl base cove Side wall tie -down straps Interior Doors (3) 36"x80" Solid core gray 6 -panel, wood jamb and lever (2) 36"x80" Full glass interior door with wood jamb and lever Roof Plumbing Electrical HVAC May 31, 2007 City of Miami Beach Live load: 30 psf (Florida) Truss type: Box Truss spacing: 16" O.C. 2"x4" trusses Sheathing: 5/8" Plywood Roof covering: 45 Mil black EPDM rubber with Densdeck Ceiling: 1/2" sprayed popcorn textured gypsum Ceiling Height: 9'-0" AFF Ridgebeam: 4 Layer 24", %" Plywood 1-1/2" Roof overhang (projection): Sides 24" roof overhand, ends Hurricane straps (sidewall type) Attic ventilation as required 2 ea. Handicap accessible 1/2 bath 2 ea. Wall mount lavatory with mirror 2 ea. HC water closet with grab bards and toilet paper holder 1 ea. 12 -gallon water heater CPVC Supply lines PVC Drain Lines (manifold by others) Chilled bottled water dispenser — Laid in loose Cold water rough in for an icemaker at refrigerator (appliance by others) 3 -100 Amp panels 24 ea. fluorescent lights: 240 recessed with acrylic lenses 3 ea. upgraded with 60w porch light with photocell 2 ea. Combo lighted exit sign/emergency light with battery 8 ea. Empty 2x4 J -box with IA" conduit stub 2 ea. Combo 60w Light with 100 cfm exhaust fan Standard 110v Receptacles at approx. 12 OC 1 ea. GFI protected receptacle 2 ea. Exterior GFI receptacle (in -use type) 1 dedicated 110v receptacle at refrigerator 10 ea. Recessed can light — 6" with white eyeball trim and 60 watt bulb 12-2 romex wiring 3 ea. 3 -ton wall mount unit with 10 kw heat 168 LF Fiberglass supply duct with grilles 100 LF Fiberglass return duct with grilles 36 LF Plenum wall Bid No: 33-06/07 23 of 33 Cabinets and Furnishings 5 LF Formica base cabinets with backsplash and center shelf white 5 LF Formica overhead cabinets with center shelf white 1 Bar sink with gooseneck and knee space below 24 LF of 36" countertop on a 1/2' wall Furniture, appliances and office equipment shall be provided by the City. Exterior Hardipanel siding and trim (stucco embossed) Sheathing as required 100% House wrap Hardipanel mansard (20" to 24" average height) 100% 5/8" Plywood sheathing Windows Exterior Doors Insulation 2 ea. 24"x54" V/S — Insulated (FL approved) White frames and clear glass 8 ea. fixed 36"x80" Full Lite door High impact protection for windows are by others 1 ea. 72"x 80" stainless steel exterior door with full glass inserts 1 ea. 36"x80" ST/ST Full Lite 1 ea. Removable post, both sides active (ST/ST only) 3 ea. Lever hardware 3 ea. Closer High impact protection for doors are by others Floor: R-11 Exterior Wall: R-11 Roof: R-19 Interior Partitions: R-11 sound reduction batts Options Skirting: Hardipanel (36" avg.) May 31, 2007 City of Miami Beach Bid No: 33-06/07 24 of 33 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) NO. 33-06/07 ADDENDUM NO. 1 June 20, 2007 PURCHASE, INSTALLATION AND TIE -DOWN OF A MODULAR BUILDING is amended as follows: I. CHANGE: The deadline for receipt of bids to June 29, 2007 at 3:00 p.m. II. ADD: CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Blanket Purchase Order and two (2) Notice to Proceeds issued by the City's Procurement Director. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Blanket Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but not limited to: Insurance Certificate) and after execution of the Contract by both parties. The receipt of all necessary permits by CONTRACTOR and acceptance of the schedule duration as stated herein and acceptance and approval of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization Plan, Safety & Health Manual, Quality Control Manual, and attendance at the Pre -Construction Conference to review general administrative requirements, and to review in detail the Scope of Work and CONTRACTOR'S Project Schedule is a condition precedent to the issuance of the Second Notice to Proceed to mobilize on the Project Site and commence with the Scope of Work/Project. Once the CONTRACTOR has completed all requirements pursuant to the first Notice to Proceed, the Procurement Director shall issue the second Notice to Proceed, notifying the contractor that the Work shall be substantially completed within ninety (90) calendar days after the Project Initiation Date, which shall be the same as the date of the second Notice to Proceed, with final completion and acceptance from the City within twenty (20) calendar days after the Procurement Director's certified substantial completion date. Liquidated damages will be assessed in the amount of one -hundred ($100.00) for each calendar day beyond the contract time specified above for the substantial and final completion of the project. III. ADD: The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows: 1) Experience of Contractor's Team (15 points). 2) A Preliminary Project Schedule (10 points). 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 4) Bid Price, and Add Alternates (50 points) 5) "Green Alternates/Methods" (15 points). Scoring and ranking procedure: The Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Mayor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: (1) Reject the bid and, if he determines that same is in the best interest of the City, re -advertise the item for bidding; or (2) Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. IV. CLARIFY: Prior to the City's acceptance of this project, all Work completed shall be in accordance with the Florida and Miami -Dade County Building Codes, and in strict compliance with Americans with Disabilities Act (ADA) requirements. V. ADD: Contractor shall adhere to all local, Miami -Dade County and State of Florida hurricane codes and ordinances in order to obtain all necessary permits to include but not limited to the minimum wind load, approved impact glass or approved shutters, blocking and tie downs. VI. ADD: Please see the revised drawings. (Attached) These drawings are to be utilized for "informational purposes only" and are not to be utilized as a basis for the finalization and acceptance of the required permitted drawings. VII. CLARIFY: Bidders shall provide one (1) original and five (5) copies of their bid submittal. VIII. REVISE: The specifications as follows: Windows (6) each - 4753 clear frame Florida approved insulated (2) each - 2553 clear frame Florida approved insulated (2) each - 4725 clear frame Florida approved insulated. * note 4125 will be accepted if 4725 is not a standard size available. Exterior Doors (2) each 6-0/6-8 steel door, steel frame (2) each Lever hardware (2) each Closer Interior Doors (6) each 3680 hollow core pre -hung door with wood jambs and lever (2) each 3642 hollow core 1/2 door with wood jambs and lever Cabinets and Furnishinas Delete: 4LF of 36" countertop on 1/2 wall. Add: 1 each 14LF x 12" countertop on 1/2 wall, 1 each 4 LF x 12" counter top on 1/2 wall IX. ADD: The Job Order Contractor (JOC) or City will be responsible at a minimum for the following Scope of Work: • Site plan • Locations of existing utilities • Site preparations to include soil compaction and ADA parking • Plumbing, sewer and electrical tie-in's once the building is delivered, if not provided by bidder X. ADD: The City will be responsible for site preparation, electrical and plumbing tie-ins once the building is delivered. The Contractor shall provide all stub outs locations and architectural drawings to obtain all necessary permits, and for the City to locate the tie-ins on the Site Plan. XI. ADD: The ADA stairs and ramps shall be made from concrete or metal materials only. XII. ADD: The City will provide the Site Survey. (Attached) XIII. ADD: HURRICANE PRECAUTIONS: During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or PROJECT MANAGER has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle the CONTRACTOR to additional Contract Time as non -compensable, excusable delay, and shall not give rise to a claim for compensable delay. XIV. ADD: CLEANING UP: CITY'S RIGHT TO CLEAN UP: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as PROJECT MANAGER shall determine to be just. XV. ADD: Contractor(s) submitting bids for Green Alternates/Methods shall provide documentation/analysis for the estimated annual cost savings for each Line Item(s) of their bid submittal. XVI. ADD: This Bid is subject to the Equal Benefits Ordinance ("EBO"). (Exhibit "A" Attached) Please review the attached information relative to the EBO requirements. All Bidders shall complete and return the applicable documents with their bid submittal. XVII. REVISE: Please see the revised Bid Forms (5 Pages Attached). Bidders shall submit their bid on these Bid Forms only. QUESTIONS AND ANSWERS Q1. Who is responsible for the utility connections? Al. Currently the City is looking to hire a JOC contractor or handle in house. However, if your company provides this service, please include your bid price as an "Add Alternate" on the attached Bid Form(s). Q2. What are the window sizes? In the meeting, a comment was made that window size doesn't matter. Since we have to provide hurricane protection, size will greatly affect cost. A2. The window sizes are identified on the revised plan and are attached to this Addendum. Q3. Who is responsible for local fire ordinances? Generally this is disclaimed in any quote unless specified by bid requestor. I don't believe there is ample time to get the questions answered by the local fire marshal unless you are involved. A3. The Contractor/Bidder awarded this contract will be responsible for adhering to the local fire ordinances. Q4. When will we have a site plan? A4. The general site plan will show basic utility connections and approximate site location for the structure. The final site plan for permits is yet to be determined. Q5. Since the bathrooms sizes are not large enough to meet HC and ADA codes, what room should we subtract size from to compensate? Granted this won't affect bid price, if a simple wall shift is made. If total reconfiguration of office layouts is required, this could affect cost. A5. I changed the layout somewhat and recommend a simple shift in walls to compensate. We do not want a total reconfiguration. Q6. If we are not responsible for pulling permits, what type of concession will be made to our project completion date if the contractor does not obtain permits within a reasonable time, to avoid Liquidated damages fines? A6. The bidder is responsible for pulling permits. If the bidder is unable to pull permits because of delays caused by the City and no fault on behalf of the bidder, the City will document the reasons for the excusable delay(s) and the contract time/calendar days will not be counted against the contractor's required substantial/final completion time. The Project Manager will make a determination when the contract time/calendar days will again be counted towards the required substantial and/or final completion time. The Project Manager will take into consideration all excusable delays and determine when the contract time/calendar days will again be counted before assessing any liquidated damages. The Project Manager's determination will be final. Q7. The basic drawing shows a switch back HC ramp, should we option a straight ramp as well? A7. The ramp location on the drawing is for informational purposes and an optional straight ramp would be desired. Bidders may submit bids for the switch back and/or the straight ramp as an "Add Alternate" on the attached Bid Form(s). Q8. Will the City of Miami Beach accept Impact Resistant windows, instead of Shutter? A8. The City will accept impact windows and or shutters that meet code. Bidders may bid this as part of their Base Bid or as an Add Alternate and shall be identified within their bid submittal for evaluation purposes. Bidders are required to acknowledge receipt of this Addendum No. 1 on the last Page of this Addendum No. 1 (attached Bid Form(s) or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je FAPURC\SALL\JOHN\BIDS106-07\ITB-33-06-07A1.doc w 4 w ro' Si` u %k ukk iQ IMI i ;d: NEW.11, 9 4 W 4 CONN /t.$ 3O WIG/rieL.' VM,Cr0's6,-4,o '- _ 4 Z. re4.9rRu. awe AMA -2/1111CODr4 -14 re' 11•1•1••11,11, ••• • • %,•••••••,.., le* \ 1 . .. \ * \ \ ....e' BAl'SHORE CQLP COORS EXHIBIT "A" Equal Benefits Ordinance Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All bidders shall complete and return, with their bid, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the bidder certifies that such group or individual does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that the successful bidder Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that bidders are considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Following this page please find a Q & A of the major points of the proposed Ordinance. Additionally, the following documents need to be returned to the City with your bid: • Declaration: Nondiscrimination in Contracts and Benefits Form • Reasonable Measures Application Form PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). • Contracts valued at over $100,000. • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • The City contract is not competitively bid. • The City contract is valued at less than $100,000. • The contractor has less than 51 employees. • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. • The contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property. • Development Agreements. • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development • Cultural Arts Council grants • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts. • Contracts where only one bid response is received. • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the issued bid documents. • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance. • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract. • Termination of the contract. • Monies due under the contract may be retained by the City until compliance is achieved. • Debarment of contractors from City work, as prescribed by the City Code. MIAMIBEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Coritact Person: Phone Number: Fax Number: E-mail: Vendor Number (if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination Protected Classes A. Does your company agree to not disuh'ninate against your emp|oyeoo, applicants for emp|oymnnt, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. Race _ Yes _No Sex _Yeu_No Color _ Yes _No Sexual orientation _Yao_No Creed _ Yes _Nu Gender identity (transgender status) _ Yes _No Religion _Yao_No D�muabopa�naruta�un _Yeo _No National origin _ Yes _No Marital status _Yem_Nu Ancestry _ Yes _No Disability _Yeo_No Age _ Yes _No AIDS/HIV status _Yao_No Height _ Yes _Nu Weight _Yea_No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this queaUnn, even if you do not intend to enter into any subcontracts. Question 2. Noniscrimination - EquaBenefits for Employees with Spouses and Empioyeeswith Domestic Partners !Questions 2A and 26 should be answered YES even if your employees must pay 'someor all of the cost of spousal A. Does your company provide or offer accesto any benefits to employees with spouses or to spouses of employees? _ Yes _No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at Ieast one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If vou answered "NO to bothQuestions 2A and 28, go to Section 4 (at the bottom of this page), complete and sign the form, fdling in all items requested. If you answered "YES" to either or both Questions 2A and 28, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement Jeave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with Spouses Health o Dental o Vision o Retirement (Pension, o 401(k). etc.) Bereavement o Family Leave o Parental Leave Employee Assistance o Program Relocation & Travel o Company Discount, Facilities & Events Credit Union o Child CareOther o ( Yes for Employees with Domestic Partners o 0 0 0 o o o o No, this Benefit is Not Offered o o o o o o o Documentation of this Benefit is Submitted with this Form 0 o o o o o o o o | o o o o o o o 0 o o 0 o o | o o I Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at City State Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title trA MIAMIBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State, Zip Name of Signatory (please print) Telephone Number Title Date Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. al MIAMIBEACH CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Baraainina Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State, Zip Name of Signatory (please print) Telephone Number Title Date